Indecent Images Sentencing Guidelines: Categories A, B and C Explained

Sentences for indecent images of children range from a community order to nine years' custody. Where a case falls depends on three things above all: what you are said to have done with the images, the category of the most serious images, and the aggravating and mitigating features. This guide explains the guideline the courts use.

The offences

• Possession of an indecent photograph of a child, under section 160 of the Criminal Justice Act 1988. Maximum five years.
• Taking, making, distributing or showing indecent photographs, under section 1 of the Protection of Children Act 1978. Maximum ten years.

Both are sentenced using the Sentencing Council guideline for indecent photographs of children. For the offences and how investigations work, see our indecent images solicitors page.

Step 1: possession, distribution or production

The guideline splits offending into three types of activity:

• Possession, which includes "making" by simply downloading an image. The guideline says simple downloading should be treated as possession for sentencing.
• Distribution, which means sharing images, and includes possessing them with a view to sharing.
• Production, which means taking or making an image at source, such as creating the original image.

Step 1: the image category

• Category A: images involving penetrative sexual activity, or sexual activity with an animal or sadism.
• Category B: images involving non-penetrative sexual activity.
• Category C: other indecent images not falling within categories A or B.

In most cases the category is decided by the most serious images. But if those images are unrepresentative of the collection, for example a single category A image among many category C images, the court can move to a lower category. Checking the prosecution's grading and image counts is an important part of the defence.

Step 2: starting points and ranges

Figures show the starting point, with the category range in brackets.

Community orders and suspended sentences

Where there is a sufficient prospect of rehabilitation, the guideline says a community order with a requirement to complete an accredited programme for people convicted of sexual offences can be a proper alternative to a short or moderate custodial sentence. For category B and C cases, the court must ask whether the custody threshold is passed, whether custody is unavoidable and whether it can be suspended. A sentence of two years or less can be suspended.

Engaging early with support services and treatment, for example through organisations that work with people worried about their online behaviour, can be powerful mitigation and is often discussed in the pre-sentence report.

Aggravating factors

• the age or vulnerability of the child depicted, and any discernible pain or distress,
• a high volume of images, a collection including moving images, or offending over a long period,
• placing images where there is potential for a high volume of viewers,
• deliberate or systematic searching for images of young children or category A images,
• active involvement in a network that commissions or shares images,
• the child depicted being known to the offender, or abuse of trust,
• attempts to dispose of or conceal evidence, and
• relevant previous convictions, or offending on bail or licence.

Mitigating factors

• no previous convictions, or none that are relevant or recent,
• remorse, and positive character,
• age or lack of maturity, and
• mental disorder or learning disability, and serious medical conditions.

Guilty plea reduction

A guilty plea at the first stage normally earns a one-third reduction, falling to a quarter later and one tenth on the first day of trial. Because many images cases sit close to the custody threshold, early advice on plea can have a real effect on the outcome.

Other consequences

• Notification requirements: see the sex offenders register.
• A Sexual Harm Prevention Order, often restricting internet use and devices: see SHPOs and Sexual Risk Orders.
• Forfeiture of seized devices.

Read more about digital evidence, and see our guides to rape sentencing and sexual assault sentencing.

Frequently asked questions

This article is general information about the law in England and Wales, not legal advice. Sentencing guidelines are updated from time to time; figures here reflect the Sentencing Council guidelines as at Nov 11, 2026.